APHC010273842021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 4391/2021 Between:

Pullagommi @ Kareti Neeraja and Others ...PETITIONER/ACCUSED(S)

AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused(S):

1. BOLLA VENKATA RAMA RAO Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP) The Court made the following:

ORDER

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in F.I.R.No.612 of 2021 on the file of Bommuru Police Station, Rajamahendravaram Urban, East Godavari District.

2. The petitioners herein are accused Nos.1 and 2, the 2^nd respondent is the defacto complainant. The 1^st petitioner is the mother of the 2^nd petitioner. The 2^nd respondent has submitted a complaint to the police stating that he is a Senior Journalist in S6 news channel. It is further stated that he, his wife and his younger daughter i.e. Gujjula Hema suffered with covid and got admitted in Government Hospital, Rajahmundry for undergoing treatment, during which, the wife of the 2^nd respondent passed away on 01.07.2021. While so, on 14.07.2021 at 02.30 a.m., the elder daughter i.e. Gujjala Navya went missing and the 2^nd respondent searched for her. While so, at 11.00 a.m., the 2^nd respondent received a phone call from his cousin stating that the elder daughter of the 2^nd respondent was kidnapped by her to perform marriage with her son i.e. the 2^nd petitioner and threatened the 2^nd respondent not to inform anyone. Stating thus, the 2^nd respondent has filed a complaint, which was registered as Crime No.612 of 2021 under Sections 363, 506 read with Section 34 IPC. Requesting to quash the said proceedings, the petitioners have filed the present petition.

3. During the course of arguments, learned counsel for the petitioners contended that the petitioners herein are innocent. The petitioners and the 2^nd respondent are close relatives and the elder daughter of the 2^nd respondent and the 2^nd petitioner loved each other; as the 2^nd respondent did not agree for their marriage, the 2^nd petitioner has married the elder daughter of the 2^nd respondent who is a major, at Sri Abhayanjaneya Swamy Temple, Bhadrachalam on 14.07.2021. As the daughter of the 2^nd respondent married against his will, the present complaint is filed with false allegations. He further submitted that both the 2^nd petitioner and the daughter of the 2^nd respondent are leading their marital life at Badrachalam. Learned counsel has also brought to the notice of this Court the affidavit filed by the daughter of the 2^nd respondent stating that she has voluntarily married the 2^nd petitioner herein. Hence, requested to quash the proceedings against the petitioners in Crime No.612 of 2021 registered on the file of Bommuru Police Station, Rajamahendravaram Urban, East Godavari District.

4. Learned counsel for respondent No.2 contended that the allegations levelled against the petitioners would constitute offence punishable under Sections 363, 506 read with Section 34 IPC, therefore, the proceedings against the petitioners cannot be quashed at this stage. Hence, prayed to dismiss the petition.

5. When the criminal petition came up for hearing on 04.08.2021, this Court has passed the following interim order:

“…Taking into consideration the age of the victim and also the receipt filed showing that the marriage of the 2^nd petitioner and the daughter of the de facto complainant was performed at Sri Abhyanjaneya Swami Vari Devasthanam, Badrachalam and she is a major, there shall be stay of all further proceedings in Crime No.612 of 2021 of Bommuru Police Station, Rajamahendravaram Urban, only insofar as the petitioners are concerned, until further orders.”

6. Having heard the submissions made by the learned counsel repr